The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   384

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JOHN, AUBRY, WEISENBERG -- Multi-Sponsored by --
  M. of A. CUSICK,  DelMONTE,  EDDINGTON,  ENGLEBRIGHT,  KOON,  LATIMER,
  LIFTON,  LUPARDO,  RAMOS,  REILLY  --  read  once  and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to instruction  regarding
  the prevention and reporting of sexual abuse and assault

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section  803-b
to read as follows:
  S  803-B.  HEALTH  EDUCATION  REGARDING PREVENTION OF SEXUAL ABUSE AND
ASSAULT. 1. ALL PUBLIC SCHOOLS SHALL INCLUDE, AS  AN  INTEGRAL  PART  OF
HEALTH  EDUCATION,  INSTRUCTION  CONCERNING  THE RECOGNITION, AVOIDANCE,
REFUSAL AND REPORTING OF INCIDENCES OF SEXUAL ABUSE AND ASSAULT.    SUCH
INSTRUCTION  SHALL  REFLECT  CURRENT  PRACTICES  AND  STANDARDS  IN  THE
PREVENTION OF SEXUAL ABUSE AND ASSAULT OF CHILDREN.
  2. AGE APPROPRIATE INSTRUCTION CONCERNING THE RECOGNITION,  AVOIDANCE,
REFUSAL AND REPORTING OF INCIDENCES OF SEXUAL ABUSE AND ASSAULT INCLUDED
IN  THE  HEALTH  EDUCATION PROVIDED TO STUDENTS AT THE ELEMENTARY SCHOOL
GRADES MAY BE TAUGHT BY A REGULAR CLASSROOM TEACHER OR  BY  A  CERTIFIED
TEACHER  HOLDING  A  CERTIFICATE TO TEACH HEALTH EDUCATION.  INSTRUCTION
CONCERNING THE RECOGNITION, AVOIDANCE, REFUSAL AND  REPORTING  OF  INCI-
DENCES  OF  SEXUAL  ABUSE  AND  ASSAULT INCLUDED IN THE HEALTH EDUCATION
PROVIDED TO STUDENTS AT THE SECONDARY SCHOOL GRADES SHALL BE  TAUGHT  BY
TEACHERS CERTIFIED TO TEACH HEALTH EDUCATION.
  3.  TEACHERS  SHALL  BE  PROVIDED  WITH  THE  APPROPRIATE TRAINING AND
CURRICULA MATERIALS CONCERNING THE  AVOIDANCE  AND  REPORTING  OF  CHILD
SEXUAL ABUSE AND ASSAULT.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it  shall  have  become  a  law,  provided,
however,  that  effective  immediately  the commissioner of education is
authorized to adopt any rules or regulations necessary to implement  the
provisions of this act on such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02553-01-9